The Sun. — London, England, 1826-11-07 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY—(Tuts DAY. ) NEW COURT WESTMINSTER. .The Loan CHANCELLOR sat to-day for the first time since the memo, in the New Court Westminster Hall. During the vaca tion, a little improvement in this Cowl has been made, a partition separating the Court from a wide passage leading into the Vice- Chancellor's Court, and running in a parallel line along the two Courts has been removed, which has thrown this Court more into the form of the Vice-Chancellor's, and occasioned more room; the gallery is still permitted to remain, which certainly is in no respect beneficial to the convenience of the Court ; a clock has Leen put up for each of the Courts. IN THR MATTER OE N.LT.ISON A BANKRUPT. Mr. MONTAGUE was instructed to make an application in this matter, of the nature and under the circumstances he would shortly state :—A declaration of the bankrupt's insolvency appeared in the London Gazette; the regular time at which a docket could be struck, agreeable to the terms of the Act of Parliament, made this declaration on Saturday night last, or rather on Monday morning, for nothing could be done on the Sunday ; on Monday morning his clients applied at the Bank rupt's Office to take out a London Commission ' • they were there told that they were not entitled to strike a docket because a country one had been struck on Friday ; they left the Office, re turned to it again at 12 o'clock, and found that between that hour and the one at which they had been there before, the attorney who had taken out the country commission on Friday, had withdrawn it and substituted another ; and the application to the Court now was, that the applicants might be at liberty to strike a docket and issue a conuniesion upon it; but Mr. Montague thought that probably the utmost he could at present ask was, that the sealing of the substituted commission might be stayed, until the party who took it out had the opportunity of being heard here. His Loensule saw no objection to this, and made the order ac cordingly. He would take this opportunity of observing, that no man could tell how actively what were called amending Acts of Parliament were worked to the injury of others. Mr. Morracu was quite sure that the subtilty of words could never reach the subtilty of thought. TILE KING OF SPAIN V. DIANDRZARAL. When this case was called on, Mr. SHADWELL had not his brief, nor did he know that the case was to have been in to-day's Paper, and therefore he thought there must have been some mis take respecting it. AIL Sennett appeared for some of the parties ; it was at his request th a t the demurrer and exceptions were to come on with the Pending motion in the cause ; and by the arrangement his Lordship had made as to hearing motions, Thursday would be the day fur hearing the whole of the case. His LORDSHIP decided it, without further discussion at pre sent, to come on on Thursday. ATTORNEY-GENERAL V. MAYOR OF EXETRR. Mr. Suanwsla. stated that this was a matter in which, on the WI of July last, his Lordship had, upon an appeal, confirmed an order made by his Heinz the Vice-Chancellor, at the instance of the relators, to take an unlimited account as against the Mayor and Corporation of Exeter, at least from 1627, of all the rents and Profits that had been received from the charity estates mentioned in the pleadings; there were, however, subsidiary questions for the Court's consideration, because under the supposition that the decre e made below was right, the Master had proceeded to make his report. If the decree had been upset, then the Whole of the proceedings before the Master must have fallen to the ground, but as it had been affirmed, it was the duty of the defendant's counsel now to draw his Lordship's atten tion to th e except i ons t h at h a d b een t a k en t o th e M as t er 's report, and to take his opinion seriatim upon them. The exceptions indeed, been brought on, on a former occasion, but it was th " l intimated by the Court, that they had not been framed pre rely well ca l cu l ate d t o ra i se th e ques ti o n the parties wished to mooted ; they had now been altered, and the first exception waH, that the Master ought not to have charged the defendants \vitt, the rents and profits previous to the year 164.7, because no evidence bad been brought forward that they had received any t hing previous to that time, and particularly because it did not appear from the first book that had been kept (beginning in 1647) that at that time any balance was due from the defendants. The learned Counsel thought it was so clear that there was no evidence to support any charge previous to 1647, and the hardship of charging the defendants from the earlier date, would be so great that the Court would undoubtedly allow the exception. Mr. HART, contra, was . sure, that if the defendants had got themselves into a scrape, the Court would not say charitable put•. posses were to be defeated by their neglect, but allow justice to take its course and prevail, leaving those who had improperly ate and drank of the charity estates, to disgorge or to find• the means of meeting that course in the best way they could. It was a sin gular mode of reasoning, for au accounting party to say, that after producingbook, stating they had 'entered the receival of the rents and profits in it, and that from it the account of those rents and profits were to be taken, but that because, they themselves had not, at the commencement of that book, entered a claim of 'any balance against themselves, that that book was then to be L a" negative evidence that any sum was due from them at date. This was the gist of the argument made on behalf of the defe n d ants. They would have to depend on what app eared in iii e book alluded t o and what had been stated by the defendants in their answer. Hia 141mm r desired to see the book before he could dispose ° I the question, and as it was in the Master's Office, ordered it to be produced in Court to-morrow morning. He had read the a.!l,lwer filed in this matter ; and certainly it would be a strong t hing to saY,',that the defendants could be at liberty to amend their anawer after a decree made, (and which was one of the questions ) 1 1e , to be d ec id e d) t h oug h i t wou ld b e hard to hold them to a mis h:n if mistake th ere was ; b u t how it happened that a body , who ' no cons c i ence , cou ld b e so improvident as to put in the an swer they hail done, he did not know. Ir. Snanwau. cou ld assure his Lordship t hat the answer was 4 „ T Y , conscientious one, whatever the Body was, or had.— however, would take. care to be prepared to give Lordship further information to-morrow. V ICE-CHANCELLOR'S COURT.—(Tits DAY.) ROYAL S'FANNARY AND BRITISH MINING ASSO . CIATION. *LAZNE AND OTHERS V. SIR T. Z. AGAR AND OTHERS. JUDGMENT. thrln this case a bill had been filed by five persons, lut 'ivee is others, original subscribers to the above Compan y, i aa for '' ‘e 4 tl at present holders if 1;100 blares. The prayer of the bll that the Managing Directors be compelled to repay to t he stleteribers the sums which they had respectively advanced on thei r rt (4 ;••• The equity named in the bill was, misconduct on tit! pa birectore. It was alleged that some of the Directors origina ll y t, l nZt in th e P rospectus had refused to act, and were replaced e others with ou t th e conc u rrence o f th e subscribers. It was peittlier charged in the bill, that the Directors kept back 3,800 hi T, although application had been made to them for double the "Kier p ro p osed to be issued, namely, (10,000 ), an d it was o 44 te ted that they W ere i n fl uence d i n so doi n g by a r egard for their y Private "`""taKe, intending to reserve those shar es . ) themselves in ease thesucceeded , but to dis pose o f them Should the tit% were of opinion that be ' t profit ufavourable. The plain commenced work until the it t h e directors ought not to have from the body of subscribers! ' euld received sold • acid they particularly power and aut h or i ty eorg ' i t;L i not before all the shares were d by diem was not alone expended that the money advance the Purchase of mines, but part ut tlit. 3 a nd !via actually employed in buying in paying an individual, who was called pr op rietor of the Pen:teeny. For these reasons the plaintiffs claimed to be discharg ed from the company, aid to be repaid the money advanced by them ou their shares. To this bill the defendants put in a geiaeral demurrer, on the grounds of , c want of equity." Anther objection was advanced by them, namely that the bill wanted parties, inasmuch as all the 'Perkins in the case were not in Court. It will be recollected that the plaintiffs were trustees for several other subscribere, W h o had *ested,their shares in them on condition that they should prose tute the claims of all against the directors, and that they should h old what they recovered in trust for the general benefit of the other parties to the deed. ifir 'l owans , in giving judgment this morning, said, that. fen II of opinion that the defendants were guilty of misconduct, lie , t hinfeelf hound to overrule the demurrer. With respect to the', other obj ect i on started b y the de f endants ' Counse l, name ly, th at . ' l4 e bill wanted parties, his Havana said, that the general prin-‘ w e t ' l P 4 : Was, that all the parties should be n ame d i n the bill. He '"" aware that in some special cases the Court admitted one to sus °II behalf of many ; but it never was held that, in all cases !flee the parti t e happened to be numerous, or which came with ele to mischief, a similar indulgence was to be granted. Feeling, t ierefore, that h e w as bound to administer the law a s h e f oun d 1 , ,,'„t L 0 not to establish new rules, it became his duty to allo w th e r o ltieetion, and refuse the peayer of the bill. His H o x ouu !either ( *weed, that although the 6 Geo. I. (the nubble Act); at.ltiot been alluded to in the course of argument, he thought in some measure applicable to such cases as the present. INeesee ; f•RIAL DISTILLERY COMPANY.—JUDGMENT. His te l t Romust next proceeded to give judgment in a case arising the (1:1 the above C om p any . A Sh are holder filed a bill against ana gi"ll Directors for the recovery of 1001, advanced by him on 20 shares which he purchased on the faith off' the state- Inents put forth in the original prospectus of the Company. Ac cording to this prospectus, the capital of the Company was to be goo,oooz. to be raised by 12,000 shares of 501. each. Officers it was said were to be appointed for every department—a deed of settle ment to be executzd, and an Act of Parliament applied for to en able the. Company to sue and be sued by its officers. The plaintiff charged in the bill that two of the persons named in the original prospectus had refused to act, and were replaced by others; a second prospectus was subsequently issued, differing materially from the first. A few of the shares only had been disposed of, and the first call of 5/. on each had been paid on still fewer, yet notwithstanding this the Directors made a second call of 5/., and proceeded to purchase extensive distillery premises, and expend large sums for other purposes. For these reasons, and because the Directors had in these matters acted for their own private emolument, and sold at a high premium several shares which they had in the first instance retained, whit% had the effect of defraud ing the petitioner and the other shareholders ; the petitioner now prayed that the 100/. advanced by him on account of his shares be repaid to him. To this prayer one of the Directors had put in a ge neral demurrer, alleging want of equity on the part of the petitioner. Ifis Honour was clearly of opinion that the demurrer ought to he overruled. 'lhe plaintiff, he thought, was entitled to recover the 100/., and the only difficulty the case presented was whether he he could recover at law or in a Court of Equity. He wished it to be understood that he did not lay much stress on the difference between the first and second prospectus ; indeed, the precise dif ference was not stated in the bill ; and even if there did exist a dif ference, it would be a more fit subject of inquiry for a Court of Law ; being convinced (added his Honour) that this proposed Company was a mere snare to induce persons to subscribe to what the Directors intended to convert to their own profit. I think the case comes within the rule laid down in Holt v. Wollaston.• Mr. WAKEFIELD applied for time, that the defendants might have an opportunity of pleading de novo; to which his Honour LS seated, after stating that the allegations in the bill went to charge the defendants with gross fraud. 4 ' This *as the celebrated ease, arising out of a Company esta blished for the purpose of extracting oil from radishes ! HIGH COURT OF ADMIRALTY—(Tnts DAs•). The First Session of the Admiralty Court commenced this day, before the Right Hon. Lord STOW ILL. Doctors Chapman, Nicoll, and Curtis, who were admitted Ad vocates of the Court of Arches on the last Court-day, were in troduced by Sir Christopher Robinson, and, after taking the oaths, were admitted Advocates of the High Court of Admiralty. Mr. Moore was, at the same time, admitted a Proctor of the Court. ILLEGAL COLOURS. The KING'S ADVOCATE moved for a warrant against Peter Brown, the master of a trader, for using a king's flag at the top mast in the harbour of Portsmouth. The motion, which was unopposedovas founded on the affidavit of the Commander of his Majesty's ship Higkflyer.--Motion granted. The KING' ADVOCATE moved the Court to decree Head Money in the case of several armed vessels which were captured during the last war, with the cargoes on hoard. The Admiralty Court had made a distinction between arced vessels and vessels armed and containing cargoes. On this decision an appeal was made to the Lords of the Admiralty, who reversed the decision, and ordered that no difference should be made in the amount of Head Money granted upon the capture of enemies' vessels, armed and contain ing cargoes, and those which contained no cargoes. Whilst the appeal was before the Lords, 'several cases came before the Court, in which the question was reserved, and the motion now was, that in those cases the Court should decree Head Money in compliance with the decision of the Lords.---Motion granted. GREEK PIRATES. The King's Advocate moved the court for head-money, for the capture of two piratical vessels, which took place off the island of ipsara, in April last. It appeared that his Majesty's sloop, Ala crity, commanded by Captain Johnson, was directed to capture some piratical vessels, and the better to effect that object, was disguised as a merchantman. Two Greek pirates observing the Alacrity, gave chase, and did not discover that she was armed until they came close, when they deserted the vessels and escaped on shore, to Ipsara, from which they kept up a fire on the Ala crity until some boats were manned and sent on shore, when the pirates fled to the hills, and all but three escaped. From their evidence it appeared that the piratical vessels contained about thirty-five men in each.—Motion granted. THE SHIP INDUSTRY. This was an appeal from the ward' of certain Justices of Grsat Grimsby, who had awarded a sum of 401. as salvage on the above named vessel. Dr. LustmtproN (who appeared for the Salvors) now sub mitted that the appeal was infirmal, inasmuch as notice of it was not given within ten (lays after the award was made, according to the 9th section, 1 and 2 Geo. IV. c. '75. Dr. Jxxxxu, (for the owners) contended that the notice was good, it having been given eleven days after the award war made, the tenth day falling on Sunday. Lord 81 , 01ertr. said, that all the parties seemed to have been informal. The Magistrates were irregular, for they had not dated the award on the same day that the sentence was made. The owners were irregular in not giving notice of appeal within the proper time. The Court was unwilling to set a bad precedent, and would consider the circumstances before the next court day. CLAIM OF SALVAGE—THE WARKWORTIL Dr. itISHINGTON stated, that be appeared on the part of seven persons, who had risked their lives to save a vessel called the Warkworth, which was bound from the North to London, laden with coals. She was run foul of during the night-time by ano ther vessel, and, parting with her anchor, drifted on the sands near Southend. In this situation she made asignal of distress, and the salvors, at the imminent risk of their lives, went to her as sistance, and, after remaining on board the best part of two days, got her off in safety. The Warkworth was insured, and the under writers tendered 100/., which the salvors submitted was an in sufficient remuneration. _ Dr. Jrrnuta said, the underwriters were ready to submit to any judgment the Court should pronounce, and they had deemed the tender of 1001. sufficient. Dr. Lusuumrox said, that if the underwriters were a little more liberal, they would put a great deal more moneyi,in their own pockets. .It was well known that there was great difficulty in getting men on this ceast to hazard their lives. Lord STOWYLL said, that it appeared from the affidavits of dis interested persons, that on the present occasion the danger was fearful and momentous. The Court, cnnsiderk.g this, awarded 2001. for salvage.—The Court then adjourned., COURT OF KING'S BENCH.—(Tuts DAT.) CRIMINAL INPOPAIATIONS. Mr. Ditirmax moved fur a rule to show cause why criminal information should not be granted against the Rev. John Myehr, a clergyman, a magistrate, and a married man, residing in Lin colnshire. A young lady who resided ik,tlie parish where he officiated, was in the habit of visiting his facility ; some time pre vious to her marriage, her intended husband received several anonymous lettere, signed " Verim," which were proved to be in the hand -writing of this clergyman, stating that, he (the clergy man) had had an improper intercourse with her. Of these letters, Mr. Williams . (the intended husband) toile no notice, thinking that they would cease on her marriage; but in this conclusion he was disappointed, for after the marriage had taken place, he contimard to be annoyed by similar letters of a more aggravating nature, of having led an unchaste life, and representing "hecrusininogbtsheee anldeteyrms. As an indictment would not lie, the hus band felt called upon to make this application to their Lordships provoking conduct.—Rule granted. to put a stop to such THE AGE. granted *gaited Richard Downing not be information should d Publisher of the .49s Newspaper, Mr. ScAlwyn moved for a rule to thew cause why criminal. A tna tha l t i t tous m li r b . e Eu l on th b a l pe r. ti-otircilharadvkingimitpuPasPhreier a r scandalousanhof r t. d Easthope, M.P., for the Boroug_ was a member of the Stock E x change, and broker to Hallett and Co., wh o were agents to the Chili: Sometime in October they recei- this country in order to pay Government bail sent remittances s e o x ru pe e ct d vti i io v n i w de a n it s, rceo a mi n lil d tit,te a , 'areecepot, ee d G inf o o v rm ern a m tio e i n i t tl i i n at ti t ' l is ie co C u h n i t liar y i h of September they disco with 'ugly circulated ; but on the Zit , r I * fur toe report; an d vered that there was no foundation that might arise from an , ttrhhteetyoevitlislat effect had been accord_ commended that written notice thereof should p w } a l t o Le a - Stock Exchange without delay ; but as that could -,:, then too without the permission of the Committee, and 1 ;mile beingf ent to the late in the day to obtain that, Mr. EatrhoPe '1—,,,,---I a ll w w h o m he sent fnrl , llEaa co b el eti f uPet no u' t be done, Stock Exchange, and communicated personally "' met there, the information received from the Chilian Govern ! allusion ment, that the dividends would not be paid, & c. -11 Age, to this, the libel complained of appeared in the „,._ on the first of October. It represented Mr. Easthope al "" o tasted by base motives in circulating his report, purchase Chilian Stock, at a hew rate, and that he had actually. purchased Stock of a Jew named Solomon, who had siterW ar 6 sent him a challenge, in consequence of having deceived him; but that Mr. Easthope, who was nicknamed the Bumproof, was too cowardly to accept the challenge. The article concluded by stating, in order t that this assertiou was open to coutratiktiou, and that unless deuiact by some of the parties, it should be taken for granted as true, &c, The following was the libel complained of : " Another instance of the most glaring character, in a new member of the British Senate, occurred oniThursday last, just as the Stock Exchange was about to close. A little prig of a stock broker, by the name of Easthope, who was returned in the last election M. P. for St. Albans, brought a quantity of Chaim) Bonds into the market for sale, because, as broker to Messrs. Hullett, Brothers, and Co., he had received intimation from them that the dividends were not likely to be paid. A much more ne farious transaction cannot be imagined ; and• it is impossible for Easthope to deny that he did not know the dividend would not be paid, because yesterday morning the following placard was affixed on Messrs,. Hullett's counting-house door : ' The funds needful for the payment of the dividends upon the Chilian Bonds not having been received by Messrs. Hullett, Bro thers, and Co., they cannot receive the Dividend Warrants until further notice.' " Such conduct, as may be naturally supposed, drew on the St. Alban's Member the indignation of the whole fraternity, and above the rest, of a young Jew, by the name of Solomon, between whom and Easthope there was a regular wordy skirmish, which, they say, ended in the latter's calling the Jew out, which was de clined, from the Israelite not deeming the Christian a gentleman. Easthope, from : having been so repeatedly knocked about and kicked, generally goes by the nickname of bum-proof, and certain ly if any man ever deserved either one or the other, for the affair in question, he richly merited Loth. We shall be open to any contradiction of the matter, from whichever party may feel most annoyed by our comments, if such contradiction can be given— if it does not appear, we shall consider ourselves quite justified in coming to the conclusion we have, regarding the dignity and con sequence of the Imperial Parliament, which (if this case remain unrefuted), will be quite as much at stake by the admission of Mr. Easthope, as Mr. Wilke, or any other person, so impugned." Mr. SCARLZTT, in support of his application, put in an affida vit of Mr. Solomon, denying the circumstance of the duel, and also another affidavit from a gentleman of the Stock Exchange, denying that Mr. Easthope was known there by the name of Bumproof.—Rule granted. Mr. William Owax, the Attorney-General for Wales, moved for a writ of certiorari, to have the trial of rioters, concerned in demolishing a house, removed from Cardiganshire, to some ad joining county in England, on the ground that it was impossible to procure a fair and impartial trial in Wales, for the following reasons :—about twelve years ago, there was an Act of Parlia ment passed, for the enclosing of Commons in Wales, in conse quence of which a large tract of land was enclosed in Cardigan shire, of which a gentleman named Blackenbury, was apnrchaser to a considerable amount, and built a splendid mansion thereon iu 1820 ; but before he was long in possession of it, an immense multitude attacked and set fire to it, whereby it was utterly destroyed; The perpetrators of this act remain as yet undiscovered, although rewards to a great amount had been offered. Mr. Brackenbury, not dismayed by this, built another house, which was completed in April last. After he had been ten days in possession, a mob collected in the neighbouring mountains, and blew a horn. In a few hours 600 persons as sembled and sutTeunded the house : they warned the inhabitants to withdraw in an hour, or else they should be burnt. The ser vants consequently left the house, and in a few minutes after it was destroyed. A ringleader of this mob was shortly after appre hended and tried ; but though lie had been clearly identified, lie was, to the great astonishment of all present, acquitted.— Such was the prejudice entertained by the lower classes against Mr. Brackenbury and the inclosnres, that it was impossible to obtain a fair trial ; independently of his prejudice, there was another reason, the witnesses were all Eng lishmen, who did not speak the Welch language, and nine out of ten of the jury, did not understand them or the judge. On the late trial, the jury expressed a wish that the evidence of the prin cipal witness should be interpreted into Welch for them, but Ser geant Haywood, who presided, objected to it on the ground that, by law all proceedings in courts of justice should be in the English language.—(Much laughter.) The consequence was that the prisoner was acquitted, from the jury not understanding thu evi dence.--A rule to shew cause granted. BURKE V. CLIMUNT. Mr. Ouawav moved fur a rule to shew cause why the verdict obtained in this case should not be set aside, and a new trial granted. The declaration stated, that the plaintiff had attended at Marlborough Police-office, for the purpose of collecting infor mation for The Times newspaper, and was there known by the name of The Times reporter ; that in consequence of some pro ceedings which had taken place at that office, a fabricated letter had Leen sent to a Mr. Spilabury, &c. It appeared in evidence, that Mr. Ilarnett (whom this letter partly affected), had in this Police Office, communicated in a whisper, that he had suspected The Times reporter as the author of the fabricated letter, but the publication complained of went farther, and represented that it had been openly stated in the office, that the Tinos •reporter was the author. This was evidently false, for all the evidence woe she other way; yet his learned friend Mr. Searlett, having Indulged iu au edifying tirade against Police Reporters, persuaded the jury to give a verdict for the defendant, on the ground that those who were in the habit of libelling others, were entitled to no consideration when libelled themselves. The CHIRP JUSTICE observed, that he had told the jury that the primary object of the publication in Bell's Life in London, was to exculpate the reporter of the Morning Chronicle from any connection with the fabricated letter; but if they thought that it also meant to represent the Tinter reporter as doing that which he ought not to do, they would give a verdict for the plaintiff, otherwise fur the defendaut. His Lordship desired that the libel be read, which having been done, the Chief Justice said, that Edmonds bad at the time in question, been excluded from the Police office, and as a reporter, had been suspected to be the author of the fabricated letter. The obvious inference was, that Edmonds had been suspected, and for that reason excluded. The Times reporter stated his expulsion in that paper, and Mr. Edmonds wrote to the Editor, to say that he had not been ex cluded by reason of being suspected of having connection with the fabrication of the letter. This the Editor of the ' Times' refused to publish, and it was very natural that Edmonds should endea vour to exculpate himself. Mr Gusnity—They have represented .;as occurring at a police-office what had really not taken place there, to the pre judice of Mr. Burke. They at first pleaded a justification, but they thought proper to abandon that and send it to a Jury, who gave a verdict not warranted by law. Mr. Justice BAILEY—Are there any special damages stated? Mr. GURNEY—None. The CHIEF Jusvea--Has he any prospect of recovering 201. ? Mr. GURNRY—Yes, my Lord. Mr. Justice BAILEY---Spes sua cuique. The Cum JusricE thought that a verdict would be with more propriety fir the plaintiff than for the defendant, but he considered it sufficient damages. Mr. Justice BAILEY---It does not appear that the plaintiff had lost his situation in consequence, or sustained any other damage. It GußwEr—His reputation is to him of more value than 60/. The CHIEF JUSTICE thought that a new trial ought not to be urged. The subject dropt here; about half an hour after the CHIEF JUSTICE observed to Mr. Gurney, that u there was some novelty attending the verdict he might take his rule...es-Rule granted. COURT OF COMMON PLEAS._.(Ties DAY.) FLOOK V. JONIO3. Mr. Serjeant Taony moved fora new trial in this case, which was tried before the Lord Chief Justice in Guildhall. The facts as they came out before the Jury, were as follows:—.lt was in stituted at the instance of the plaintiff as assignee for Dree ing, for the recovery of money paid by the latter, on the eve of bankruptcy, to the defendant. The money was due on a bond granted by Dreeing to one Thomas, to whom the defendant was executor for 1,200/. lent to Dreeing by Th om , , payable on the stated, that it wa s no t t h t o i we me ve an r d requ es t e d d e l ay , w hi c h 19th of October 1822, when Dreeing teas called upon by th e de (f,enondvaetnttienfotrfpoaryhmimentt.o p D ay ree nt in th g a , was accordingly granted for two years, as appeared from an in dorsement on the bond. The defendant, however, applied in September 1824 before the appointed time, and Dreeing not wish ing to disappoint him, made every exertion to get cash to liquidate the debt, and sold a quantity of malt at an under value, and even his watch and furniture, for that purpose,, out of the proceeds of which he paid to the defendant a sum of 8261. on account. On the 18th of October following Dreeing committed an act of bank ruptcy, and on the 28th of that month a commission was issued, under which the plaintiff was appointed his assignee. Dreeing deposed before the Jury, that when he Paid the 8261. he had not contemplated that h i s w i lieuptcy would occur so soon afterwards ; he expected he would be able to hold out till Christmas. The Jury found a verdict for the plaintiff. The Learned Serjeant contended, that the verdict should be set aside, on the ground that the bankruptcy was not contemplated at the time the payment was made. But the Chief Justice, upon considering the whole facts, refused the motion. COURT eIF EXCHEQUER-4Tms DAy.) „ wow/ v. siwsow. Mr. SPINCI stated that this wee A queetiou of the liability of certain hulas in the township of Helot)leton to p kx kio te , Tio elainuat had received the 1;0101 lAto. ) r* ettti *4 - 444 the y were wt3Ati, and An*ared. WhaY ine time and the toecu r is k e r w i e d (A um y * been enclosed) • ;i .. 4. commission was orderetir and this was a demurrer of -Clark and other witnesses, examined by those commissioners, to answer certain interrogatories relative to the claims. Those questions were, whether the witnesses had paid tithes for that part of the land which they occupied. The grounds of the demurrer were, that the witnesses would by an swering those interrogatories subject themselves to the penalties for non-payment of their tithes. They therefore prayed the Court to grant a demurrer, that they might not be obliged to give evi dence which would operate against themselves. The COURT over-ruled the demurrer, with an order for a new commission, and that the plaintiff should make no use of the evi dence against the witnesses. MIDDIATON V. DAVEY. Mr. KrLLY moved for a rule to show cause why the verdict in this case should not be set aside - and a new trial granted. The plaintiff had been nonsuited. It was an action to recover the value of a quantity of bombazine goods, which were sent to the defendants, who were extensive dyers, to be dyed a jet black.— They were returned, not dyed black, and executed so negligently, that they were unfit for the purposes they were intended for.— The first witness proved the delivery and the unfitness of the goods; be was not conversant with dyeing, and being suddenly asked if they were jet black, replied that they were, and though the plain tiff had some of the best dyers in Norwich, to prove that they were not, the plaintiff was immediately nonsuited, on the evi dence of his own witness.—Rule granted. SOUTHWARK SESSIONS—(THis DAY.) The above Sessions were held by adjournment, before Mr. Sergeant ARABIN, and a Bench of Aldermen. William Lane and William Caddy, were indicted for stealing a truss of hay, from Nathan Sabine, a corn-chandler, in 13ermonet. 'my-street. Verdict— Guilty against Lane, and Caddy Not Guilty.—Sentenced to six months imprisonment at Brixton. John Giles was charged with embezzling 6/. 14s. 2d. the pro perty of Eb. Cordingley, landlord of the King's Head 'public• house, Borough. Verdict— GOty. Sentence, six months at Brixton to hard labour. • _ _ _ BRUTAL ASSAULT. -- George Callaghan, a fierce-looking Irishman, was lndicted for assaulting, in the most outrageous manner, Samuel Lloyd, a lighterman, in the employment of Air. Lion, of Queenbithe, on the 19th of September. The jury returned a verdict of—Guilty. Mr. Sergeant ARABIN, after commenting in very severe terms on the atrocious conduct of the prisoner, sentenced him to he im•. prisoned sir months in the county gaol. POLICE INTELLIGENCE. GUILDHALL—(Tms Dsv.) James Parker was charged with conveying spirits into White cross-street prison. He was taken in the lobby of the prison, with about a gallon of gin concealed under his clothes. He said, poverty had induced him to do it, he was a tailor, and had been out of employ for several mouths. Sir Prratt Lau itiE said, that the prisoner must either pay the penalty of ten pounds, or be committed to prison for three months. HATTON-GARDEN—(Tius DAY). Henry Day was brought up for re-examination, charged with stealing a suit of clothes and some other articles, from the house of Mr. Richardson, in Princes-place, Somers' Town.—Remanded. SHIPPING INTELLIGENCE. LLOYD'S---(Tats Day.) . DIAL, Nov. 6.—Wind N.N.E.—Passed, the Duke of Man chester, Hood, from London, for Jamaica ; Tobago, Perven, from ditto, for St. Kitt's. The Hudson and Sophia remain. Arrived and sailed, the New Minerva, Campbell, from London, for Per nambuco. Po WriMOUT/ Nov. 6.—Wind N.N.W. to N.E.—Passed, the Acosta, Chadwick, from London, for New York ; Druid, Dement, from ditto, for Montserrat. Sailed, the George IV. steam-boat, for Lisbon and Gibraltar, having repaired her damage. FALMOUTH, Nov. s.—Wind Northerly.—Arrived, the Sum mer packet, from Lisbon, with the following passengers :—Mar quis Abrantes, J. A. F. Silva, .1. F. De Santos, and Major Cress well. Also arrived, the John, Warden, front Quebec. GRAVESEND, Nov. 6.—Arrived, the Milo, Ord, from St. Pe tersburgh ; James, Spooner, from Hamburgh ; and the Good In tent, Fox, from ditto. Sailed, the Anne, Whitmore, for Sierra Leone ; Margaret, Jefferson, for Palermo ; 'Waterloo, White, for Malta; Llandoving, Mclver, and H. Davidson, Barclay, for Ja maica; Shepherd, Train, for St. Christopher's; and the Thomas, ALnighan, for Hamburgh. Lit SI I, Nov. 3.—The Jessie, from Limerick to Glasgow, ' put in here leaky, but with no material damage, anti will ready fur sea this evening. (Extract of a Letter from Lloyd's Agent, dated Lisbon, Oct. 21.) The Morriquin vessels of war, El Schad, from Gibraltar, and Minton, from Algesiras, put in here the 17th instant, and are said to be on a cruise against the Prussian and Hanseatic flags, but cannot learn of their having yet made any captures. The St. Jose.arrived here from Genoa, was boarded the 10th inatant off Cape de Gatt by an Algerine squadron, consisting of a frigate, three corvettes, and a schooner, and allowed to proceed on show ing the pass ; it is reported they have been seen out of the Straits. Miasma, OCT. 14.—The Beresina, Antonovich, from Odessa and Constantinople to Leghorn, has foundered at sea; a boat with t he crew was fallen in with on the sth instant. OLYMPIC THEATRE. This amusing little Theatre, so great a favourite, under the management of ElListon, opened for the first time last night, with a Burletta, a Divertisement ; and a highly spirited Farce, all of which were received with merited ap plause. Mr. Scott, th© new manager, has made numerous important improvements in the house, both before and be hind the curtain, which aided by the attractions of a very ex cellent and versatile company, will, we have no doubt, Mann: him a successful season. An address—piquant and appro priate—Was delivered by. Mr. Hemings, at the rising of the,curtain and was favourably received by a full and re spectable house. BURNING OF HORSE'S. PHILADELPHIA, SEPT. Friday night lust, at the burning of a stable in the neighbourhood of Green and Sixth-streets, between 11 and 12 o'clock, four horses were burnt to death. The flames had enveloped the building before they were discovered. The by-standers succeeded in getting several of them out; but . although the stable door was open, such was the intenseness of the heat inside, that all attempts to release the other animals from their fastenings were fruitless. One horse, a noble creature, although surrounded with fire, stood perfectly still while a person attempted to get him loose. l'he halter could nei ther be untied, broken nor slipped o ff ; there was no knife to cut it, and the fl am es raged with increased violence. When the man sprung out of the stable, the horse, as if aware that he was abandoned to his fate, uttered most horrid screams. The terrific and most unearthly cries which horses will give in their agony are well known. This poor animal struggled madly for his deliverance, and in his violence, tore open his breast by running against his trough. lies He then l ay d own f or th e s p ace o f several mi nutes perfectly quiet, but as the fire began to play around his nostrils, he arose again, and after a few struggles, with a yet wilder scream, and his eye s b u rs t in g from his head, made one furious effort, and fell dead. lIAY MARKETS (At per TAW tl T. JA' r.....-(THIS DAY.) 'I3 Trusses.) VS'S. Lowland Meadow liay.fa sto 4 4 Clover Hay , £4 lite. 0 Upland Ditto .... , ....... 4 5 5 5 Oat Straw Ityv.grass Hay ....•••••• 4 5 5 5 Wheat Ditto New Meadow Hay 4 0 5 0 A W an p la ited supply, d a dull trade; priers as last quoted. i SMITHFIELD. - Umlaut' Meadow Hay C 3 U to 4 U lipland Ditto A. 4 0 5 b Hyv-grais Hal .... 4 0 5 New bioadow Bay Supply abort, trade rather brig clover Hay generally 14 10 to 0 0 Do. extraordinary tine U U SIU Oat Straw Wheat Ditto iln lis ik, and prises at un Saturday. MURDER. AT BARNET.—Yesterday afternoon a Coroner's Inquest at at Barnet, and returned a verdict of Guilty against Swan Bartrup, for the murder of John Lawton!, on Barnet Common. a Thesudden change of the weath er In the metropolis within the last few hQurs ble. 'L as b een ver remarkp Duriw iie",; l :Wte of yesterday heavy rain y fell ; but a Trost succeeded it during the night, which has bt; - 0 intense, that the confectwners are actually 4 1 11 w theb ice-houses this forenoon, PASHIONABLE INTELLIGENCE. TI-Tis DUKE OF YORK.—Yesterday the Report of the state of the Duke of York was, " His Royal Highness continues to no on extremely well."—lhe Royal Duke transacted business with Sir Herbert Taylor, Sir Henry Torrens, Sir Richard Jackson, and Colonel Stephenson. Yesterday afternoon the Duke of Gloucester, at tended by Colonel Hi gins, left town for Croome Court, the seat of the Carl and Countess of Coventry, in Worcestershire, where his Royal Highness was ex pected to remain about a week. Yesterday morning Prince ESterhazy, the Austrian Ambassador left town for Oakley, in Bedfordshire, the seat of the Marquis and Marchioness of Tivistock. The Spanish Minister transacted business /ester day at the Office of the Secretary of State for }oreign A Messenger arrived at the Foreign Office yester day with dispatches from the Earl of Liverpool, at C(iombe Wood. Yesterday Viscount Melville transacted business at the Foreign Office. Yesterday morning, at nine o'clock, the remains of the We Miss Robinson, the daughter of the Chancel lor of the Exchequer and Lady Sarah Robinson, were removed from their house on Blackheath, to be con veyed in a private manner to the family vault at Nor• ton, in Lancashire. The Honourable Band of his Majesty's Gentlemen Pensioners dined together yesterday at the Freemasons Tavern, to celebrate the anniversary of the Gun Powder Plot. Yesterday the Marchioness of Stafford *arrived in London, but only remained to breakfast. The Lord Chancellor has appointed Mr. Jacob, of the Chancery bar, a Commissioner of Bankrupts. This gentleman is the son of Mr. Jacob, who has written upon the Corn Laws. The Duke de Montebello arrived at Waterford, on Saturday, from Dromana House, the seat of Henry Villiers Stuart, Esq. M.P. for the County of Water ford, with whom he had spent the three preceding days. The Marquis of Sligo is severely indisposed, at his seat at Westport House. His Lordship has a relapse of his disorder, but is not considered in absolute danger. A subscription is in progress in Northumberland, for the purpose of presenting Matthew Bell, Esq. M.P. with a handsome service of plate, as a testimony of the estimation he is held in by his native county. The Hon. George Forrester got a bad fall, hunting in Warwickshire last week. This young Gentleman is allowed to be one of the finest riders of the day ; he. was breaking a four-year old, the animal, high spirited and hot, rushed and tumbled at a fence, and jumped upon his rider. We are happy to add, Mr. Forrester is doing well. CHILIAN MININO COMPANY.--Yesterday a meeting of Shareholders in the above undertaking was held pursuant to advertisement at the City of London Tavern, when after a brief but unimportant discussion the Company was declared dissolved. An author sent a Tragedy for performance to the late Mr. Harris, Proprietor of Covent Garden Theatre; it was returned to him by the prompter, stating that. f , his comedy had been read, but if he would reduce it to a Farce, it would be reconsidered. Mr. Brunel, the celebrated Engineer, has written to the trench Academy of Sciences a letter of thanks for the honour which they have done him in electing him a :member. This letter is dated from London, " under the Thames."—French Paper. Sir Charles Wetherell, knt. (the Attorney-Gene. ral) has purchased of the Commissioners of his Ma jesty's Woods, Forests, and Land Revenues, the MeS suage and lands called Sayes, in Surrey, and other lands called Brocks, in the parish of Chertsey, for 8,4031. 6s. 2d. In that sum is included the price of the timber on the estate, namely, 1,553/.65. 2d. The estimated annual value (according to the Commis sioners return) is (exclusive of timber) 2734, while the annual value, per former surveys, was 1101. FINE ARTS.—By the will of a Mr. Sp Laing, lately deceased in Edinburgh, a sum, said tz, amount to more than 10,0001., has been beolleathed to the Royal Institution of Scotland, and will form a fund for the relief of decayed and unSortunate associate Ar tists. Mr. Spalding mad: the fortune in India, with which he has thus Woerally benefitted the Fine Arts and Artists of hit native country.—Literary Gazette. Sir Walt,:c*r Scott was at the Odeon on Saturday. The •r e 'fece was Ivanhoe. The illustrious foreigner, wlio was in one of the boxes with his daughter, was soon recognised by some individuals, who thought it their duty to accompany him to the s a l oon b etween the acts. One of these Ciceroni, after pointing out the busts of Corneille and Moliere, which adorn the gallery, said to the Scotch poet," Kin de t'os antis" (friends of yours). Sir Walter examined the bake with much attention. " That is Moliere," said he to his daughter, in English, and then turning to his at. tendants, thanked them for their courtesy. Sir Walter is to remain only a few days. His phriognomy is very expressive, and is well given by (.pantry. On looking at Sir Walter Scott, one cannot help recalling what Charles Nodier said of his bust, in Ins Prome nade en Ecosse-- , 4 it has the forehead of Homer, and the mouth of Rabelais---it must be a striking like ness."—Quotidienne. TIIE F cit A Mgr murdered anddlDretdl CobblerA Avvekollhrie:wsoti:nodEriii suspected t e te t id h lat i o l fA a l y ia :t ra e Yv v i , An his housekeeper, at Fetch. , taken into custody on Sunday, at VVeybridagme, werea that they underwent an examination on the same even ing before a Magistrate, and were afterwards sent our in custody to Leatherhead to undergo an examination, before the Magistrates of that pl ace . - In consequence of the petition of John 710 . now confined in the House of Correction for the alleged outrage on Charlotte Gunnell, at Uxbridge, and the memorial so resvectably signed on his behalf; and for warded to th e Secretary or State to be presented to his ‘. Malesty, M r . D awso n fins addressed a letter t o IN R. ',i l encowe , E s 4 , o f Hsyes, in which he states that Mr. Peel has directed hint to acquaint Mr. B. that the Hon. Secretary . bas felt himself warranted in mom menclingthe pris one r to his Majesty for a remission t$ the remaining part , of his sentence. E QuALIT V IN DESPOTIC CouNTIUTS.-4 h ave seen si c in an Nobleint . n, his a e co ot o t k rt 4u fa: ..s o u u u r tl it e e r:oie d nsiouy . perintendant of liVia palace, sesttd on en old chair pus zw sncinl e;lat}la h il!l eil t d a s il'fl :r t 1 1 11 ' a 1 ): :w cooloe ef between e t 11 : t e) o lg t . thel havefirst r s an l k 43 I naip to entertain his master's guests by his skill at bil- Bards in the morning,_ it 4 by his power of converse ere he stood to carve the tuilocn:Ltthieudgiititense,rt tltevish.